Child Support

questions & answers

Question: I have had no luck in my research on how to, proceed to modify without counsel, until now! although,I'am still at the first stage for a motion to file, can I or am I allowed back support regardless of filing date?

Answer: It is unclear whether you want to modify spousal maintenance or child support so this answer will address both. Modification of a support obligation (whether it be a child support or spousal support obligation), goes into effect no earlier than the first day of the month after the modification has been filed with the court. The court may find good cause that a different date should be assigned but it cannot be earlier than the date the petition for modification was filed. A.R.S. § 25-327(A). See also Guerra v. Bejarano, 212 Ariz. 442, 444 (Ct. App. 2006) (this case discusses child support obligations and specifically states: “While the court can modify an existing child support obligation upon a showing of substantial and continuing change, the earliest authorized effective date of the modification order is the filing date of the petition for modification.”).